jellybabe vs Argos (rd 2)

[jellybabe]

Thanks Alison82,

I have paid up already. Was going to send my lba off this morning, but daughter isn't well. Will have to do it tomorrow.

Good Luck with your claim.

[sallysas]

Did you send a prelim or not yet regarding your charges? I would say the account is in dispute despite what Argos state (remember how useless they were with my claim) if you have done so.

 

Not having gone down the cca route my understanding is that you can either claim your charges or if they fail to supply you with a properly executed cca agreement you do not settle the debt as they cannot legally enforce it - BUT YOU CANNOT DO BOTH. Either you admit the debt is owed and so persue them for charges and interest (which is why the compound rate is the best option) or if you are going to be better off tell them that the debt is unenforceable because (IMHO) they cannot default you 'cos you owe nothing. Read up on cca information which were posted on an earlier thread I think. You are probably on holiday now so I hope you are refreshed when you read this and ready to battle on. Don't forget if you claim compound interest you have to put this information in all letters (prelim/lba and then in the N1 if you have to file at court).

 

My opinion is that they are not very good business people when it comes to something unusual like customers claiming charges.

[jellybabe]

Hi sallysas,

Thanks.I've come back from hols on the 17th August.

I have paid the dafault sum and , after having received some advice on one of my other threads), decided to just go after the charges now.

I have not included in my prelim that i am claiming compound interest. It's only showing on my charges schedule i have sent with my letter.

Would that be a problem?? I'm already a few weeks behind with some of my claims, but if i need to, i will start this one afresh with a new prelim.

[sallysas]

I need to check the calendar then -silly me. If you are going for contractual - good for you - yes it has to be stated in all letters. Don't worry just send new prelim with this information. It will be adding to your interest anyway. The courts won't be bothered by this slight error 'cos you are putting it right. Have fun with this as you should have a result round Christmas/New Year at the latest (says she with a crystal ball).

 

If interest rates should go down in the meantime just keep to the rate you are claiming now. The interest rate is really about you claiming restitution for the unfair charges they have levied and will be showing on a statement anyway.

Edited August 26, 2008 by sallysas
addition

[jellybabe]

Thanks, will start again then. What did you put in your prelim if i may ask regarding the interest?